Star China Media Limited (appellant) v The Office of Communications (OFCOM) (respondent)
Tuesday 4 July 2023
The Appellant appeals the decision of Swift J. of 08 December 2022 to dismiss its judicial review claim and ordering costs in favour of the Respondent.
The Appellant, formerly a broadcast licence-holder for the China Globa Television Network Service, sought to challenge the decision of Ofcom dated 08 March 2021 to impose a £125,000 fine on the Applicant for breach of the “due impartiality” requirements in Ofcom’s Broadcasting Code in relation to five programmes broadcast on CGTN that addressed protests in Hong Kong in 2019.
It is argued that the penalty was disproportionate for the purposes of Article 10(2) ECHR in view of the fact that the licence was revoked altogether since the relevant programmes were broadcast. The sanction imposed was the same as that indicated before the licence was revoked. It is argued that if the sanction was necessary and proportionate at that stage (to achieve “specific” and “general” deterrence”, it cannot still be necessary and proportionate after the licence as revoked as specific deterrence is no longer relevant.
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